Lowell police overtime again fuels arresting debate

LOWELL -- When a city administration brings forward a request for additional funds for police overtime, it often becomes a political hot potato for the City Council.

Some councilors typically question whether the spending is fiscally prudent, while others worry a vote in opposition could make it look like they are not fully behind law enforcement and sometimes criticize those who vote "No" as not valuing public safety.

This year has been no different, as the topic of police overtime spending has sparked some of the most passionate council debates of the term that began in January.

The latest example was the council's discussion Tuesday night of City Manager Bernie Lynch's proposal for a supplemental appropriation of $87,000 for police overtime. The funding was requested to increase patrols in the downtown because of persistent crime and in the neighborhoods because of a recent rash of shootings.

After a lengthy and heated discussion, the council approved the spending, 6-3. The funding is in addition to the $700,000 for overtime the police started the year with.

Councilors Rodney Elliott, Ed Kennedy and Joseph Mendonca voted in opposition. They suggested the city find the funds in another part of the budget rather than increase the tax levy.

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Several of the councilors who spoke in favor of the appropriation spoke of the need to allocate the funding now to the Police Department for planning purposes.

"What this means is the chief has the ability to plan for the rest of the year," said Murphy, who came down from the rostrum to speak. "If he did not have the resources now, he could not effectively address the problems now."

Martin concurred.

"I think to not do this is a mistake," Martin said. "Otherwise, it puts the chief sort of in limbo again."

Mercier and Leahy said they supported the funding because they are worried about the city's image being ruined by a consistent uptick in crime. Mercier said she does not want people thinking that if they come to Lowell they could get shot or punched in the face.

"When people come to the city they need to be safe and not make wisecracks about not being safe," Leahy said.

The funding will allow for three, four-hour patrols downtown on Thursday nights, one additional four-hour patrol on Friday nights and two additional four-hour patrols on Saturday nights.

Those in opposition said Lynch should have brought a transfer request forward instead of a tax-levy increase.

Mendonca highlighted how the council has worked this year to try to prevent a tax increase. He said a supplemental appropriation runs counter to that goal.

The councilor also said $479,000 remains in the police overtime account, so he does not think the police are at risk of running out of money.

Elliott called the budget appropriation a "tax increase" and said it was part of the city "taxing (people) out of their houses."

He proposed unsuccessfully that the city transfer the funds from another account, such as the city manager's contingency account, which was funded at $300,000 and has not been touched.

"If we need to cut other parts of the budget to make public safety a priority, it could be done," Elliott said.

Lynch told the council he believes that even with the additional police spending there will be no tax increase for fiscal 2013, which began July 1.

For Kennedy, one of his concerns was the 10 vacant positions funded in the police budget approved in June. He questioned whether that funding could be used to provide for additional overtime.

Lowell Police Superintendent Kenneth Lavallee said the vacancies have been filled, including with eight officers in the city's police academy. But Lavallee acknowledged that since the hirings other vacancies have opened. The city plans to fill them with officers who can go through the city's training academy next summer.

Kennedy responded that the supplemental appropriation could be voted on later in the year, if necessary.

"The prudent thing to do is to wait on this and if money is required in third and fourth quarters, then vote on it and make the transfer," he said.

Lorrey said he also wondered about the vacancies, but supported the supplemental funding with the hopes that the vacancies will be filled.

Nuon, a member of the council's public-safety subcommittee, criticized those councilors who questioned the additional spending.

"We say public safety is a priority and yet we don't invest in it," Nuon said. "That is scary."

The council also engaged in a fiery debate about police overtime during budget season in June.

The council voted 5-4 to cut the proposed $800,000 for overtime by $100,000.

Voting in favor were Elliott, Kennedy, Lorrey, Mendonca and Mercier. Those opposed were Martin, Murphy, Nuon and then Councilor Kevin Broderick.

Lorrey had originally voted against the cut, but changed his vote two days later.

Murphy recently drew the ire of some other councilors for criticizing in writing their vote in June, saying the vote was part of a "short-sighted scramble" to get to a zero tax increase.

"To be clear, the decision was a political one, and all the speechifying in the city cannot hide that fact," Murphy wrote.

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